Afsar Ali vs State Of U.P.
2019 Latest Caselaw 3916 ALL

Citation : 2019 Latest Caselaw 3916 ALL
Judgement Date : 1 May, 2019

Allahabad High Court

Afsar Ali vs State Of U.P. on 1 May, 2019

Bench: Pradeep Kumar Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18430 of 2019
 

 
Applicant :- Afsar Ali
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Safiullah
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the applicant. The offence committed by the applicant is triable by the court of Ist Class Magistrate. It is further contended that co-accused Jummi has been granted bail by this Court on 01.3.2019 passed in Criminal Misc. Bail Application No. 9123 of 2019 and applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 21.1.2019 having no other criminal history. He undertakes that he will not misuse the liberty of bail, if granted.

Learned A.G.A. has vehemently opposed the prayer of bail.

Considering the facts and circumstances of the case and also that co-accused Jummi has already been released on bail, without commenting on the merits of the case, I find it a case for bail.

Let applicant Afsar Ali be released on bail in Case Crime No. 35 of 2019, under Sections 420, 411 and 414 IPC, P.S. Gunnor, District Sambhal, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

Order Date :- 1.5.2019

RCT/-